My thread in memory of Aiia Maasarwe and many others.

Discussion in 'Australia, NZ, Pacific' started by billy the kid, Jan 19, 2019.

  1. billy the kid

    billy the kid Well-Known Member

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    Youre not serious are you.....plaintiffs and defendants exist in civil proceedings, one sues the other for a civil debt..
    In criminal cases its Prosecutor, or the Crown versus the defendant, or the accused.
    In criminal appeals, the defendant becomes the appellant...there is no plaintiff in the court of appeal
    hearing an appeal from a criminal case.
    A claimant or applicant is the person who brings proceedings against a respondent in say a case under the Dividing Fences Act.
    I dont think you know what youre talking about....
     
  2. LeftRightLeft

    LeftRightLeft Well-Known Member

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    That's so sweet of you. Different sentences for DIFFERENT types of theft is very important in a discussion about mandatory sentencing otherwise you have posters that say "theft is theft" according to the law.

    Poppycock
     
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  3. billy the kid

    billy the kid Well-Known Member

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    Plaintiffs do NOT appear in criminal cases.....try ringing a court and even the janitor could put you straight on this one....
     
  4. garry17

    garry17 Well-Known Member

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    Yes I made an assertion and at hand at the moment I don't have it. Didn't say I did. But I know of the case, I know where it happened so if I choose I could search for it and I can guarrentee I will find many more examples. I don't care if you believe me or not, that is not the issue.
     
  5. billy the kid

    billy the kid Well-Known Member

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    Now YOURE being a sook...
     
  6. garry17

    garry17 Well-Known Member

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    This coming from somebody who doesn't know what a plaintiff is... LOL

    Again, clearly the point is missed upon you and how these things are done. Clearly you have that rudimentary level of understanding of the legal system that is enough to get you in trouble but not enough to understand why. BUT hey, that is you, lack of conviction and all...

    Same as trying to quote the lesson plan on capitalism about the hammer, rudimentry but lacking so very much.
     
  7. garry17

    garry17 Well-Known Member

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    Nah, just don't have time for people like that. Spent many years having the haters chase me, not really interested in their crap any more.
     
  8. garry17

    garry17 Well-Known Member

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    Really??? You are serious about this very point are you??? Are you stupid enough to hang your hat on that??? Perhaps you could provide some evidence other than your claim of your stance on this???

    This will be interesting...
     
  9. billy the kid

    billy the kid Well-Known Member

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    Plaintiff
    A plaintiff is the party who initiates a lawsuit before a court. By doing so, the plaintiff seeks a legal remedy; if this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order. "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exception being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant", but that term also has other meanings. In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant".
    Cop that......
     
    Last edited: Jan 22, 2019
  10. garry17

    garry17 Well-Known Member

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    What??? The Prosecutor in criminal cases is the plaintiff on behalf of the complainant. As previously stated, there is always a plaintiff and a defendent. the only way this supports you claim is by ignoring the fact of what the word means...
     
    Last edited: Jan 22, 2019
  11. LeftRightLeft

    LeftRightLeft Well-Known Member

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    You have me confused, I never mentioned plaintiff so you are wrong again if you are floundering to find a come back.

    Oh and I think that you are right, the prosecutor is the plaintiff in a criminal case.
     
    Last edited: Jan 22, 2019
  12. garry17

    garry17 Well-Known Member

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    Really???
    Yep, your right you didn't mention plaintiff just infered it, Take another point.
     
  13. LeftRightLeft

    LeftRightLeft Well-Known Member

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    My god you are so arrogant, I said I agree with you about plaintiff. You insinuate I infered it when I in no way mentioned it.

    I was distinguishing between civil and criminal. Your answer to the question was so confusing even a supreme court judge would be confused. You my friend was the first person to mention the word.

    Is the oxygen rare when you are on such a high horse
     
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  14. billy the kid

    billy the kid Well-Known Member

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    https://answers.yahoo.com/question/index?qid=ut
    in criminal cases it is simply the prosecutor not the plaintiff.
    In a criminal case there is no plaintiff.
     
  15. LeftRightLeft

    LeftRightLeft Well-Known Member

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    To you it's about scoring points. I am more interested in debating and increasing my knowledge. It's about facts and truth, not brownie points. Well to me it isn't .
     
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  16. garry17

    garry17 Well-Known Member

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    Hahaha, arrogant??? Perhaps you should look that one up too. I posted the comment, hard to argue with your own words.
     
  17. billy the kid

    billy the kid Well-Known Member

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    I spent 40 years of my working life in the legal system and NOT ONCE did I ever hear the Magistrate or Judge call the Prosecutor the "Plaintiff"
    However in District Court civil cases and when the lower court was giving a judgment in a CIVIL case
    the verdict often was announced as verdict for the plaintiff...
    Dont lecture me about what a plaintiff is....
     
  18. garry17

    garry17 Well-Known Member

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    Well you really are hung up on this. again...
    https://legal-dictionary.thefreedictionary.com/plaintiff
    https://www.vocabulary.com/dictionary/plaintiff
    https://www.reference.com/governmen...aintiff-defendant-court-case-add3f8ccad4374ec

    Again plaintiff-- Appellant, Accuser, Complainant, Petitioner, Litigant, Claimant, Applicant
     
  19. LeftRightLeft

    LeftRightLeft Well-Known Member

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    Ho Hum this is getting boring wow yahoo answers why didn't I think of that I just googled it and yes that is the common usage of the word though by definition it is the person who lodges a case before the court.
     
  20. garry17

    garry17 Well-Known Member

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    err again, I am not lecturing you, YOUR trying to lecture me...
     
  21. LeftRightLeft

    LeftRightLeft Well-Known Member

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    Because in civil cases the plaintiff is called the plaintiff so the judge says the plaintiff.

    In a criminal case the plaintiff is called the prosecutor, because that's who lodges the case. So the judge calls him the prosecutor
     
    Last edited: Jan 22, 2019
  22. garry17

    garry17 Well-Known Member

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    Well you must have increased your knowledge with that one. BUT no, your words have betrayed you. You would be far more interactive if it was simply that, and when you see the fault in your stance you wouldn’t run and hide. You never admit failure but accuse others of your sins. As I say, when it becomes clear to you that you have fault you run and hide.

    You cannot even discuss the threads you create. No, again being duplicitous
     
  23. garry17

    garry17 Well-Known Member

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    Further, the plaintiff only stands to name a group or party as the person bringing the case. Should that be the officer of the court his title is prosecutor. The prosecutor prosecutes (or litigates) a case on behalf of the plaintiff, Say Joe Blogs.

    Thus in court the magistrate will address the prosecutor by his title not to his act. You have to remember, in 99% of cases are not against the officers of the court. That is why a plaintiff can drop a case until the officers decide too many resources need to be paid or community demands results. However, strictly speaking the prosecution is part of the group called the plaintiff, which is correct.

    Oh an example, we call the person driving the taxi a taxi drive. we don't call them numb nutsmongs incapable of driving a billy cart in a paddock let alone on a road with other people... Do we???
     
    Last edited: Jan 22, 2019
  24. billy the kid

    billy the kid Well-Known Member

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    ..........
     
    Last edited: Jan 22, 2019
  25. billy the kid

    billy the kid Well-Known Member

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    Give me an example of "joe bloggs" and the nature of the case...just to humour me.....
     
    Last edited: Jan 22, 2019

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